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Deewakar Dwivedi Vs the State of Bihar — Dowry and Cruelty | Patna HC (2024)

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Patna HC
2024
Deewakar Dwivedi Vs the State of BiharDeewakar Dwivedi v. the State of Bihar

Dismissed¶20

Deewakar Dwivedi v. the State of Bihar

Patna HC7 Aug 2024CR. MISC./45224/2023

Case brief

AI extract

What is this about?

Quashing application dismissed - Patna High Court Criminal Miscellaneous No. 45224 of 2023 (decided 07-08-2024, Sandeep Kumar J). Petitioners: Deewakar Dwivedi, Dhruv Narayan Dwivedi, Shobha Suman Dwivedi; informant/opposite party: Aarti Dwivedi; State of Bihar also opposite party. Seeks quashing of cognizance order dated 20.06.2023 of S.D.J.M. Sadar, Motihari, East Champaran in Complaint Case No. 3219 of 2022 (PS Case No. 3219/2022, Thana East Champaran Complaint) under Sections 498(A) & 34 IPC and Section 4 D.P. Act; complaint alleges marriage on 6.12.2014, dowry demand of Rs. 50 lakhs and a house, harassment, ouster on 20.11.2022. Key point: allegations against all accused persons cannot be quashed on mere counsel submissions and defence materials at this stage.

What did the court decide?

Since the allegations have been levelled against all the accused persons, the complaint/cognizance cannot be quashed on the mere submission of learned counsel for the petitioners and on defence materials at this stage.

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the application filed by the three petitioners for quashing the cognizance order dated 20.06.2023 passed by the S.D.J.M., Sadar, Motihari in Complaint Case No. 3219 of 2022 (taking cognizance under Sections 498(A) and 34 of the IPC and Section 4 of the D.P. Act) should be allowed. +1 more

Court's answer

In view of the above, this quashing application (Criminal Miscellaneous No. 45224 of 2023) is dismissed.

Ratio / Principle

Since the allegations have been levelled against all the accused persons, the complaint/cognizance cannot be quashed on the mere submission of learned counsel for the petitioners and on defence materials at this stage.

Detailed headnote1 paragraphs

Criminal Miscellaneous No. 45224 of 2023, Patna High Court (oral order, decided 07-08-2024, Judge: Sandeep Kumar, J). Application by Deewakar Dwivedi, Dhruv Narayan Dwivedi and Shobha Suman Dwivedi for quashing the cognizance order dated 20.06.2023 passed by the S.D.J.M., Sadar, Motihari, East Champaran in Complaint Case No. 3219 of 2022 (arising out of PS Case No. 3219/2022, Thana East Champaran Complaint), whereby cognizance was taken under Sections 498(A) and 34 IPC and Section 4 D.P. Act on the complaint of Aarti Dwivedi alleging dowry-related torture and ouster from the matrimonial home. Held: allegations being levelled against all the accused persons, the same cannot be quashed on the mere submission of learned counsel for the petitioners and on the defence materials at this stage. Application dismissed.

A

IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.45224 of 2023

Arising Out of PS. Case No.-3219 Year-2022 Thana- EAST CHAMPARAN COMPLAINT District- East Champaran

======================================================

DEEWAKAR DWIVEDI S/O DHRUV NARAYAN DWIVEDI RESIDENT OF HOUSE NO. 233, LAXMI NAGAR, ARMY GATE, PS. MEGHANI NAGAR, DIST. AHMEDABAD

DHRUV NARAYAN DWIVEDI S/O LATE GAURI SHANKAR DWIVEDI RESIDENT OF HOUSE NO. 233, LAXMI NAGAR, ARMY GATE, PS. MEGHANI NAGAR, DIST. AHMEDABAD

SHOBHA SUMAN DWIVEDI W/O DHRUV NARAYAN DWIVEDI RESIDENT OF HOUSE NO. 233, LAXMI NAGAR, ARMY GATE, PS. MEGHANI NAGAR, DIST. AHMEDABAD

... ... Petitioner/s

Versus

THE STATE OF BIHAR BIHAR

AARTI DWIVEDI W/O DEEWAKAR DWIVEDI, D/O KESHAV KISHORE PANDEY R/O VILLAGE- BELI SARAI, NEAR NARSINH BABA ASHRAM, PS. TOWN MOTIHARI, DIST. EAST CHAMPARAN

... ... Opposite Party/s

====================================================== Appearance : For the Petitioner/s : Mr.Prateek Tandon For the Opposite Party/s : Mr.Ram Sevak Choudhary ====================================================== CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER

7 07-08-2024

Heard learned counsel for the petitioner and learned counsel appearing on behalf of the informant as well as learned counsel for the State.

The present application has been filed for quashing the order dated 20.06.2023 passed by the learned S.D.J.M. Sadar, Motihari, East Champaran in Complaint Case No. 3219 of 2022 whereby and whereunder he has taken cognizance for the offences punishable under Sections 498(A) and 34 of the

Patna High Court CR. MISC. No.45224 of 2023(7) dt.07-08-2024 2/2

I.P.C. and under Section 4 of the D.P. Act.

The prosecution case in short is that on 22.12.2022 complainant filed a complaint petition alleging therein that she was married with the petitioner No. 1 on 6.12.2014. But soon after marriage petitioners started torturing to the complainant for want of Rs. 50 lakhs and a house as dowry. It is further alleged that on 4.9.2017 she gave birth to a baby boy but petitioners continued to harass the complainant and lastly on 20.11.2022, she was ousted from her matrimonial home.

Since the allegations have been levelled against all the accused persons, the same cannot be quashed on the mere submission of the learned counsel for the petitioners and on the defence materials at this stage.

In view of the above, this application is dismissed.

(Sandeep Kumar, J)

Saif/-

U T

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the application filed by the three petitioners for quashing the cognizance order dated 20.06.2023 passed by the S.D.J.M., Sadar, Motihari in Complaint Case No. 3219 of 2022 (taking cognizance under Sections 498(A) and 34 of the IPC and Section 4 of the D.P. Act) should be allowed.¶15
The court held
In view of the above, this quashing application (Criminal Miscellaneous No. 45224 of 2023) is dismissed.ratio¶20
2.
Whether allegations levelled against all the accused persons can be quashed on the basis of mere submissions of petitioners' counsel and defence materials at this stage.¶19
The court held
Since the allegations have been levelled against all the accused persons, the complaint/cognizance cannot be quashed on the mere submission of learned counsel for the petitioners and on defence materials at this stage.ratio¶19

Statutes considered

2 provisions across 2 enactments

AI extract

Indian Penal Code (I.P.C.)498A and 34¶15
Dowry Prohibition Act (D.P. Act)4¶17

Procedural history

How this case reached the court

AI extract

Order under challenge
Order dated 20.06.2023 of the learned S.D.J.M., Sadar, Motihari, East Champaran in Complaint Case No. 3219 of 2022, whereby cognizance was taken for the offences punishable under Sections 498(A) and 34 of the I.P.C. and under Section 4 of the D.P. Act.¶15
S.D.J.M. Sadar, Motihari, East Champaran · 20.06.2023
Prior proceeding
Complainant (informant, Aarti Dwivedi) filed a complaint petition on 22.12.2022 alleging marriage to petitioner No. 1 on 6.12.2014, torture for want of Rs. 50 lakhs and a house as dowry, birth of a baby boy on 4.9.2017, continued harassment, and her ouster from the matrimonial home on 20.11.2022.¶18
Prior proceeding
The application arises out of PS Case No. 3219 of 2022 (complaint), Thana East Champaran Complaint, District East Champaran.¶2

Parties & counsel

AI extract

petitioner
Deewakar Dwivedi¶4
Prateek Tandon
petitioner
Dhruv Narayan Dwivedi¶5
Prateek Tandon
petitioner
Shobha Suman Dwivedi¶6
Prateek Tandon
respondent
The State of Bihar¶9
respondent
Aarti Dwivedi¶10
Ram Sevak Choudhary

Coram

AI extract

Sandeep Kumarauthor¶21

Case details

As recorded by the court registry

Court: Patna HC
Decided on: 7 Aug 2024 · August
Registered: 14 Jul 2023
Case no.: CR. MISC./45224/2023
CNR: BRHC010620202023
Topic: Dowry and Cruelty
Bench: Sandeep Kumar
Disposal: DISMISSED
Case type: Criminal Miscellaneous

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Cite this judgement

Deewakar Dwivedi v. the State of Bihar, CR. MISC./45224/2023 (PAT), decided on 7 August 2024.

The Patna High Court publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes2

Indian Penal Code (I.P.C.)498A and 34
Dowry Prohibition Act (D.P. Act)4

View all statutes

Procedural history3

Order dated 20.06.2023 of the learned S.D.J.M., Sadar, Motihari, East Champaran in Complaint Case No. 3219 of 2022, whereby cognizance was taken for the offences punishable under Sections 498(A) and 34 of the I.P.C. and under Section 4 of the D.P. Act.S.D.J.M. Sadar, Motihari, East Champaran · 20.06.2023
Complainant (informant, Aarti Dwivedi) filed a complaint petition on 22.12.2022 alleging marriage to petitioner No. 1 on 6.12.2014, torture for want of Rs. 50 lakhs and a house as dowry, birth of a baby boy on 4.9.2017, continued harassment, and her ouster from the matrimonial home on 20.11.2022.
The application arises out of PS Case No. 3219 of 2022 (complaint), Thana East Champaran Complaint, District East Champaran.

View full history

Bench / Coram

Sandeep Kumar

Parties & counsel